The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-29
The Argument by General Harrison.


| last few DAYS
The Argument by General Harrison.
| May it Please Your Honors-The case at bar
is, in some of its aspects one of unusual signifi-
| canoe. 1t takes us away from, the consideration
of those rules which apply to ordinary contracts
| between individuals to study Of the philoso-
| phy of government 1t has other aspects which
! are quite familiar which present questions not
| more difficult and not different from those which
this court is in the habit of dealing with in cases
| involving the most petty amounts OF property.
| take it that logically. in the consideration Of
every case, before a selfresp ecting tribunal, the
! question of jurisdiction is first. Whether that
| question relates to the jurisdiction over the in
| dividual who is brought by summons before the
| court, to the subject-matter involved, it is a
! Threshold question. 1t is usurpation for this
court or any court. to give judgment in any case
| where it has not Jurisdiction of the person and
| of the subject matter.
| am aware that in certain quarters there has
been degree of restiveness and even an indul-
gence in brutal criticism because these obvious
considerations in a previous case had the consid-
| Grafton Of this court and the court could not be
| driven over Threshold which was barred
against it by the Constitution and the law.
1t is an insulting proposition to any court that
it shall for the convenience of any man or any
| combination of men, enter into the consideration
of any questions which the law and the Constitu-
| ton do not submit to it's Judgment.
| We have here, as / have already indicated,
first, question of jurisdiction over the person of
| the defendant, Robert S. Robertson. He is sued
| in Marion county, while the record shows that
his residence is in Allen county. The first Ques-
ton ia, can he be implicated by any one in the
form of action here adopted in any other county
| than that Of his residence?
The learned counsel have had recourse to some
| suggestions as to what the common law of venue
is, and the defense of this jurisdiction seems to
| rest upon these views of the common law. Is
venue a matter of the common law in the State
of Indiana2 We're the diligent counsel able ia
49, s~1, l.
the common law might be resorted to in the de-
cision of such question: We have general
provisions of our code intended to cover, and
actually covering, all classes of actions. and i'll
dicating the legislative intention to the forum
in which such actions might be brought.
| This action is called in argument quo war
ranto our statute calls it ''informaton.H 1t is
not called information in the nature of quo war
| rapto or quo warranto, but simply information
| 1t does not relate exclusively to the case of ar
intrusion into an Office. but embraces severa
other subjects; it embraces an intrusion into
| franchise; it EN- braces the case OF corporation
| assuming to act as such without authority o.
law; it embraces the ease of an escheat Of prop
erty; it embraces the of patent deed
made by the State, aud its annulment; all O.
these are embraced in the article of our code en-
titled information. There is nowhere in all o
these subdivisions or subjects, which may b,
brought to the attention Of the court. by infor
nation, any expressed declaration of venue
In the case of escheat, and in the case of al
-
suggestion of any My recollection is that evel
the terms Gin the Circuit Court of the prope
county" are not used.
In connection with the subject of the intrusion
into an office it is said 1.-The action shall b
s brought in the Circuit Court Of the proper coun
r ty." The learned counsel say that establishe
venue without reference to any other statute
g What is it in this easel They say that count
y where the intrusion or the particular act of in
truson complained of occurred" Now, in orde
t to maintain their position they must establis
| two propositions. First that this is not proceed
9 ing governed by the general provision OF tn
| code fixing the venue of civil actions; secondly
that this special statute itself establishes som
V | venue
The counsel say: 1--WE do not controvert tn
| proposition that this is civil action" 1t seem
: to me when that admission is made the argumen
, is abandoned, unless it can be shown that com
L other venue than that described in the sectio
of the code relating to the general subject
| venue and the commencement of actions is prt
| vided in this special proceeding
l do not controvert the proposition that
l. in this article entitled information particl
= lar venue was declared it would be controllin
of the general statute. But insist that it is m
u declared by the words ''the Circuit Court of tn
e proper county because those words open tn
Il question, What is the proper countv1" How ar
., we to determine its ooh" say these gentlemen
upon the opinion Of the particular court as
o what county in given case is convenient. S
we are RENTED to the opinion of the Judge {
to what is convenient Instead of being d
rected to forum where the relator may kno
9 that there is jurisdiction, he must either hin
self decide tho question of convenience or taxi
l. in advance the opinion of the court If yor
Honors please, in all these classes of special DR.
@ neutrality-suspicious., attachment, ne exeat, c1a1
date, habeas corpus-in every one of them. III
less venue is particularly described in II
special proceeding this court, whenever IL
question he's been brought to it's attention h.
determined 1t by reference to the general statu
upon the subject of venue.
;, The learned cousel said, this morning, the,
* was no declaration of a venue in the artic
v relating to habeas corpus, but that it Wi
It brought upon this principle of convenience
the county where the party was restrained
his liberty. 1t must have been an inadverte,
"a statement for the statute on the subject
= habeas corpus expressly confers jurisdictie
10 upon the courts of the county where the r
straint takes place.
Now let me hastily run through some of the
d cases. They are all referred to, with one